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(영문) 수원지방법원 안산지원 2013.07.19 2012고단1823

횡령

Text

The defendant shall be innocent.

Reasons

1. On June 28, 2011, the Defendant: (a) received a request from the victim E to keep the amount equivalent to KRW 98,976,90, and kept in custody of the same amount as KRW 10,110 g market price of the non-metallic metal from the victim E, Co., Ltd. located in Sungsung-si, Inc.

On June 29, 2011, the Defendant sold the above Dong to the Grand Chang-ro Co., Ltd., Co., Ltd., Ltd., which was located in 569, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and embezzled it.

2. In light of the above facts, E, F, and G et al.’s statement to the investigative agency stating that “E does not sell to the defendant any non-ferrous metal of this case.” However, the above person’s appearance on the 10th trial date of this court’s 10th trial date and the investigation agency prior to this court’s statement to the effect that “E only made the Defendant keep the non-metallic metal of this case.” The statement was made by E to the effect that E would have made a false statement to pay the sales amount easily from the Defendant, and the fact that E traded the non-metallic metal of this case. The evidence submitted by the prosecutor alone is insufficient to acknowledge the facts charged of this case that the Defendant disposed of and embezzled it as a custodian of the non-metallic metal of this case, and there is no other evidence to acknowledge this otherwise.

Therefore, the facts charged in this case constitute a case where there is no proof of crime, and thus, is acquitted under the latter part of Article 325 of the Criminal Procedure